(a) As applicable, the peer assistance program must comply with federal regulations for Confidentiality of Alcohol and Drug Abuse Patient Records (Code of Federal Regulations, Title 42, Part 2). (b) The program shall notify the person making the report and the appropriate licensing or disciplinary authority if the person fails to participate in the program as required by the appropriate licensing or disciplinary authority. (c) An impaired professional who is reported to a peer assistance program by a third party shall, as a condition of participation in the program, give consent to the program that at a minimum authorizes the program to disclose the impaired professional's failure to successfully complete the program to the appropriate licensing or disciplinary authority and to the person who referred the individual to the program. (d) The program must comply with applicable statutory mandates.

Source Note: The provisions of this §451.105 adopted to be effective June 21, 1998, 23 TexReg 6246; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8842